“Locked Up on False Charges:” The Case of Javier Andrés Rocha and His Brother’s Video Plea

Mar 19, 2012
2:40 pm

The following story and video is a bit perplexing, but it shows how one man is using the power of YouTube to spread the word about the unlawful arrest of his brother. On February 2, a Twin Peaks Sheriff's deputy arrested Andrew Javier Rocha (or Javier Andrés Rocha) for allegedly striking a senior. According to Rocha's brother, Martin, the arrest was unlawful. Rocha was no way near the incident and Rocha's brother has video surveillance clips to prove his brother's innocence. Javier is still inside a San Bernardino jail and has not been released since his arrest on Feb. 2.


This is the story behind the video:


An 18-year-old Lake Arrowhead man pleaded not guilty on Monday to charges stemming from his alleged attack on a 69-year-old neighbor woman that sent her to the hospital with a possible heart attack.

Twin Peaks Sheriff's Deputy Gus Asboth arrested Andrew Javier Rocha several hours after Rocha reportedly shoved the woman to the ground and, when she got up, struck her in the face and took away her glasses.


Sheriff's Lt. Rick Ells said the incident occurred when the unidentified woman spotted Rocha removing a tennis net she had placed across her driveway because, as Ells put it, "she just got tired of people using her driveway."

At approximately 7:15 a.m. on Feb. 2, the woman reportedly saw Rocha lift one end of the net, and the device that anchored it to the ground, and throw it up into a tree. She went to confront Rocha, Ells said, and he reportedly picked up the other end of the net and pushed her to the ground.

With that, the woman's husband reportedly came to her aid and retrieved the glasses from Rocha, who then left the scene.

A sheriff's press release said deputies arrested Rocha at his home, in the 900 block of N. Hospital Road, later in the evening. He was booked at Central Detention Center in San Bernardino on $100,000 bail, though at his arraignment Monday Judge Kenneth R. Barr reduced his bail to $75,000.

Latina Lista ran a follow-up to this story on March 13. Here is an excerpt of new developments:

In the video, Martin is seen removing the net. Text on the video explains that he hears Nancy, up at her house, getting upset with him for taking down the net. She allegedly is using racial slurs against him (there is no audio on the video). He decides to put back the net across the driveway but gets tangled up in the net. By this time, Nancy has come down to the driveway and according to the text, is still hurling racial slurs. 

Martin gets mad and throws the net over to the side. He then tries to leave but Nancy grabs him and, in later pictures, we see where she has clawed him pretty good on the neck. After the incident, with Martin gone, Nancy claims to be having chest pains and is taken to the hospital. At the hospital she reports to the Twin Peaks Sheriff’s Department of San Bernardino County that she has been assaulted and she and her husband identify Javier as her assailant. 

When the officers from the Sheriff’s Dept. of Lake Arrowhead pick up Javier, he vehemently denied the charges. In fact, Martin comes forward and takes responsibility for the altercation but the police refuse to believe him. Unbelievably, they slapped three misdemeanor charges — cause or allow harm to an elder or dependent adult, assault with a deadly weapon, not a firearm, and attempted theft of personal property — against Javier and throw him in jail with a bail originally set at $100,000 but now reduced to $75,000. Javier has been sitting in the San Bernardino County Central Detention Center for over a month now.